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    Cosca v. Palaypayon

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    Candelaria Quezon
    This case digest summarizes a case involving charges against a municipal trial court judge and clerk of court. The judge was accused of illegally solemnizing marriages without marriage licenses, falsifying monthly reports of cases, accepting bribes for appointments, failing to issue receipts for cash bonds, neglecting detained prisoners, and requiring fees from exempt entities. While some marriages may be void due to the lack of licenses, the judge and clerk are still administratively and civilly liable for irregularities in formal marriage requirements. The judge could also face criminal penalties for performing illegal marriage ceremonies according to the Revised Penal Code.

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    © All Rights Reserved
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    Cosca v. Palaypayon

    Uploaded by

    Candelaria Quezon
    133 views2 pages
    This case digest summarizes a case involving charges against a municipal trial court judge and clerk of court. The judge was accused of illegally solemnizing marriages without marriage licenses, falsifying monthly reports of cases, accepting bribes for appointments, failing to issue receipts for cash bonds, neglecting detained prisoners, and requiring fees from exempt entities. While some marriages may be void due to the lack of licenses, the judge and clerk are still administratively and civilly liable for irregularities in formal marriage requirements. The judge could also face criminal penalties for performing illegal marriage ceremonies according to the Revised Penal Code.

    Original Title

    COSCA V. PALAYPAYON

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    This case digest summarizes a case involving charges against a municipal trial court judge and clerk of court. The judge was accused of illegally solemnizing marriages without marriage licenses, falsifying monthly reports of cases, accepting bribes for appointments, failing to issue receipts for cash bonds, neglecting detained prisoners, and requiring fees from exempt entities. While some marriages may be void due to the lack of licenses, the judge and clerk are still administratively and civilly liable for irregularities in formal marriage requirements. The judge could also face criminal penalties for performing illegal marriage ceremonies according to the Revised Penal Code.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    133 views2 pages

    Cosca v. Palaypayon

    Uploaded by

    Candelaria Quezon
    This case digest summarizes a case involving charges against a municipal trial court judge and clerk of court. The judge was accused of illegally solemnizing marriages without marriage licenses, falsifying monthly reports of cases, accepting bribes for appointments, failing to issue receipts for cash bonds, neglecting detained prisoners, and requiring fees from exempt entities. While some marriages may be void due to the lack of licenses, the judge and clerk are still administratively and civilly liable for irregularities in formal marriage requirements. The judge could also face criminal penalties for performing illegal marriage ceremonies according to the Revised Penal Code.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
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    You are here: Home ∼ 2013 ∼ October ∼ Case Digest: Cosca v. Palaypayon Jr.

    CASE DIGEST: COSCA V. PALAYPAYON


    JR.
    Published by paul on October 13, 2013 | Leave a response

    JUVY N. COSCA, EDMUNDO B. PERALTA, RAMON C. SAMBO, and


    APOLLO A. VILLAMORA, complainants, v. HON. LUCIO P. PALAYPAYON,
    JR., Presiding Judge, and NELIA B. ESMERALDA-BAROY, Clerk of Court II,
    respondents.
    A.M. No. MTJ-92-721. September 30, 1994.

    Facts:

    Complainants Juvy n. Cosca, Edmund B. Eralta, Ramon C. Sambo, and Apollo


    Villamora, are Stenographer I, Interpreter I, Cler II, and Process Server, respectively, of
    the Municipal Trial Court of Tinambac, Camarines Sur. Respondents Judge Lucio P.
    Palaypayon, Jr. and Nelia B. Esmeralda-Baroy are respectively the Presiding Judge and
    Clerk of Court II of the same court.

    In administrative complaint filed with the Office of the Court Administrator on October
    5, 1992, herein respondents were charged with the following offenses, to wit: (1) illegal
    solemnization of marriage; (2) falsification of the monthly reports of cases; (3) bribery
    in consideration of an appointment in the court; (4) non-issuance of receipt for cash
    bond received; (5) infidelity in the custody of detained prisoners; and (6) requiring
    payment of filing fees from exempted entities.

    Complainants alleged that respondent judge solemnized marriages even without the
    requisite marriage licenses. Thus, the following couples were able o get married by the
    simple expedient of paying the marriage fees to respondent Baroy, despite the absence
    of a marriage license. In addition, respondent judge did not sign their marriage
    contracts and did not indicate the date of solemnization, the reason being that he
    allegedly had to wait for the marriage license to be submitted by the parties which was
    usually several days after the ceremony. The marriage contracts were not filed with the
    local civil registrar.

    It is alleged that respondent judge made it appear that he solemnized seven (7)
    marriages in the month of July, 1992, when in truth he did not do so or at most those
    marriages were null and void; that respondents likewise made it appear that they have
    notarized only six (6) documents for July, 1992, but the Notarial Registrar will show that
    there were notarized during that month; and that respondents reported a notarial fee of
    only P 18.50 for each document, although in fact they collected P 20.00 therefore and
    failed to account for the difference.

    Issue:
    Whether or not private respondent are guilty of violating the provision of Article 4 of the
    Family Code.

    Held:

    On the charge regarding illegal marriages, the Family Code patiently provides that the
    formal requisites of marriage are, inter alia, a valid marriage license except in the cases
    provided for therein. Complementarily, it declares that the absence of any of the
    essential requisites shall generally render the marriage void ab initio and that, while and
    irregularity in the formal requisites shall not affect the validity of the marriage, the party
    or parties responsible for the irregularity shall be civilly, criminally and administratively
    liable.

    The civil aspect is addressed to the contracting parties and those affected by the illegal
    marriages, and what the court provides for pertains to the administrative liability of
    respondents, all without prejudice to their criminal responsibility. The Revised Penal
    Code provides that priests or ministers of any religious denomination or sect, or civil
    authorities who shall perform or authorize any illegal marriage ceremony shall be
    punished in accordance with the provisions of the Marriage Law.This is of course,
    within the province of the prosecutorial agencies of the Government.

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